When you submit an insurance claim after an auto accident, you expect the insurer to provide reimbursement quickly and fairly. But unexpected delays can complicate the process and prevent you from receiving the payout you expected.
If your insurance company has delayed your claim without a legitimate reason, you may be able to file an official complaint to resolve the issue. Consult a personal injury lawyer in Queens, NY, about your legal rights and options.
Required Auto Claim Timelines Under New York Law
In New York, auto insurers must follow several important timelines for claim approvals or denials.
First, the company must acknowledge your claim within 15 days of receiving your initial notice. During this period, it must provide the necessary forms for you to complete and begin the investigation.
Once an insurer has received all necessary proofs of loss, it generally has 30 days to either approve the claim or issue a formal denial. If the investigation requires more than 30 days, the insurer must notify you in writing, then provide status updates every 30 days.
The main exception applies to personal injury protection (PIP) claims, which make up the bulk of auto accident injury claims in New York. If you are filing under this type of coverage, the insurer is statutorily required to pay or deny the claim within 30 days of receiving your proof of loss.
Reasons Your Auto Insurance Claim Might Be Delayed
Despite the required timelines above, insurance delays and disputes are relatively common in New York. In 2025 alone, the New York Department of Financial Services closed more than 8,100 auto and no-fault insurance complaints and helped recover over $14.4 million for consumers. The department found that delays in the payment of no-fault claims were a primary source of complaints.
If your insurer has delayed your claim beyond the timeline above, it should provide a reason for doing so. Common reasons include:
- Multiple parties involved: If your accident involved multiple parties or commercial vehicles, this can prolong the process required to coordinate between insurance carriers and gather relevant information.
- Ongoing medical care: If you are still awaiting a final prognosis, the insurer may delay finalizing your claim until you have more concrete information to provide about your damages.
- Incomplete documentation: The insurer may be waiting for you to provide additional medical documentation or property damage estimates.
- Liability disputes: There may be a question of who was actually responsible for the accident.
While these may be legitimate reasons for the delay, insurance companies may also delay claims for their own benefit. They might prolong communications or ask for duplicate documents to wear you down and pressure you into accepting a lowball offer. If you believe your insurer has acted in bad faith, consult a personal injury lawyer in New York about your options.
Steps To Take if the Insurance Company Delays Your Claim in New York
If you have experienced unreasonable delays in your auto insurance claim, you do not simply need to stand by and wait for the insurer to proceed. You have options for navigating insurance claim delays in New York. Taking the following steps may be helpful:
- Ensure your documentation is comprehensive: Start by triple-checking that you have submitted all necessary documentation as part of your claim. Review all communications from the insurer to see what you may be missing.
- Send a written request for updates: Send the insurer a request for updates either through certified mail or email with a read receipt, allowing you to verify the adjuster received it.
- Escalate the matter internally: If the adjuster fails to provide a reasonable excuse for the delay, you may ask to speak with a supervisor or claims manager and escalate the matter. When speaking with these parties, bring up the legal timeframes the insurer is obligated to follow as part of your argument.
- File a regulatory complaint with the NY Department of Financial Services: If the insurer has continued to delay your payment without reasonable cause, your next step may be to file a complaint with the New York Department of Financial Services (DFS). This regulatory body handles consumer complaints about insurance companies.
- Contact a personal injury law firm: At this stage, you may have grounds for legal action. An insurance claim lawyer can help you determine what to do next. If you decide to file a lawsuit against the insurance company, be sure to do so within the personal injury statute of limitations in New York.
Consult a Personal Injury Attorney in Queens, NY
Delayed insurance claims are not just frustrating; they can also violate your rights under New York insurance law. Retaining a New York personal injury lawyer to represent you may be a wise next step if you feel an insurer is acting in bad faith.
Whether you need help proving negligence in a personal injury case or appealing a claim denial, Elliot Ifraimoff & Associates, PC, offers experienced legal representation. Contact us today at 718-205-1010 to request a free consultation.
Frequently Asked Questions
What should you do if an insurance company is ignoring you and delaying your claim?
If an insurance company is ignoring you and delaying your claim, be sure to document all communications and check that you have submitted the necessary information to the insurer. Your next step may be to escalate the issue to a supervisor or file a formal complaint with the NYDFS.
How long can an insurance company delay a claim?
An insurance company can delay a claim beyond 30 days only if additional investigation is reasonably necessary and the insurer has provided you with proper notice. If you feel your insurance company has unreasonably delayed your claim or even acted in bad faith, consult a personal injury lawyer in New York about your options.
What is a bad faith insurance claim?
A bad faith insurance claim arises when an insurer unreasonably delays, denies, or undervalues a legitimate claim. When a company acts in bad faith, the claimant may have grounds to pursue legal action. An attorney can explore whether you have sufficient evidence of bad faith practices.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.